Terms & Conditions

Terms and Conditions

1. General Information

2. Access and Acceptance

By accessing the Website www.norairlabs.com (the “Website”), the User should take note of the following provisions applicable to each of the documents, information, data, and requirements found therein, which are owned and maintained by:

Postal address:
Gaman Portugal,
Av. do Imigrante 1717,
4770-316 Bente, Portugal

E-mail:
team@norairlabs.com

The “NORAIRLABS” Website is an internet site through which NORAIRLABS sells flight sim equipment and provides information about its activities. Through the Website, subject to these general terms of use (the “General Terms of Use”), the User can review the products and/or services offered for sale by NORAIRLABS (the “Products”) and purchase them by entering into a sales contract.

A “User” is defined as any individual or institution that through the Website visits the content provided therein. The Website contains texts, photographs, graphics, logos, images, copyrighted works, and other types of information (the “Content”).

Access to and use of the functionalities of the Website are subject to these General Terms of Use as well as any applicable national or community laws and regulations. NORAIRLABS recommends that the User reads these General Terms of Use carefully. If you do not accept and agree to comply with each of these terms and conditions, you are not authorized to access or otherwise use the Website. Access and use of the Website by Users imply their acceptance and commitment to comply with all the terms and conditions set forth below. If you are using the Website on behalf of someone else or an institution, you confirm that the person or institution you represent also agrees to the terms and conditions and commits to comply with them.

These General Terms of Use may be altered, modified, expanded, or updated by NORAIRLABS at any time without prior notice. Any new, used, or reconditioned Products as well as Content presented and/or made available on the Website will also be subject to these General Terms of Use effective from the date of their use. We recommend that the User periodically reviews the Website to stay informed of any changes and updates.

The Website is not intended for use by individuals under 18 years of age, and no intentional information resulting from interactions by minors with the Website is collected. NORAIRLABS is not responsible for the interaction or access to the Website Content by minors.

Access to some content on the Website may be conditioned upon prior User registration and respective authentication through identification and password. NORAIRLABS will make every effort to keep the Website accessible. However, NORAIRLABS reserves the right to temporarily suspend access to the Website or certain areas or functionalities available on it, notably for maintenance reasons, without prior notice. NORAIRLABS assumes no responsibility for any damages resulting from situations of impossibility, delay, suspension, or interruption in accessing the Website due to technical failures or other reasons. NORAIRLABS does not guarantee that access to the Website will be uninterrupted or free from technical problems. NORAIRLABS reserves the right to complete, modify, or delete the Website Content and functionalities.

3. Correct Use of the Website

The User agrees to use the Website and its Content and Products appropriately and lawfully in accordance with the applicable legislation at any given time. The User should refrain from:

  • Unauthorized or fraudulent use of the Website and/or Content for illicit purposes harmful to the rights and interests of third parties or that may cause damage, disable, overload, deteriorate, or impede the normal use of services or documents, files, and all kinds of content stored on any computer equipment.
  • Accessing or attempting to access restricted resources or areas of the Website without fulfilling the required conditions for such access.
  • Introducing or disseminating network programs, viruses, macros, applets, ActiveX controls, or any other device that causes or is likely to cause any type of alteration in the Website’s or third parties’ computer systems.
  • Causing damage to NORAIRLABS’s physical and logical systems, associated people, or third parties; introducing or disseminating computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
  • Copying, reproducing, recompiling, disassembling, performing reverse engineering activities, distributing, publishing, displaying, executing, modifying, importing, creating derivative works, transmitting, or exploiting parts of the Website except (i) importing content from the Website and/or making a copy for personal non-commercial use and (ii) sharing Content provided that the User acknowledges all copyright inherent to the Website and its Content.
  • Obtaining or attempting to obtain the Content or Products offered on the Website using means or procedures different from those made available or expressly indicated on the Website or in general those commonly used on the Internet that do not pose a risk of damage, disablement, or fraudulent use of the Website and/or its Content.

The User guarantees that the activities carried out in the use or access to the Website will not in any case result in an offense to the good name and commercial image of NORAIRLABS or associated persons or entities, other Website and Platform users, or third parties. In case of non-compliance with any stipulations of these General Terms of Use by the User, NORAIRLABS reserves the right to temporarily or permanently interrupt the User’s access to the Website.

4. Liability for Improper Use

If the User improperly and/or unlawfully uses the Website, particularly by directly or indirectly violating these General Terms of Use, the User will be liable to NORAIRLABS for any damage or loss and will keep NORAIRLABS indemnified. In case of non-compliance with these General Terms of Use, NORAIRLABS reserves the right to unilaterally cancel, at its sole discretion and without prior notice, the access, use, and/or registration of any User on the Website, without this giving rise in any case to any compensation to the User in question. The User agrees to inform NORAIRLABS promptly whenever they observe unauthorized use of the Website or become aware that a NORAIRLABS or third-party right is being violated or if a use contrary to these General Terms of Use is taking place.

5. Intellectual and Industrial Property and Domain Name

NORAIRLABS owns all intellectual and industrial property rights over all materials and elements appearing on the Website and/or is duly authorized by the respective owners for their publication and dissemination. NORAIRLABS owns the domain www.norairlabs.com. Any unauthorized and improper use constitutes an infringement of the rights conferred by its registration.

Browsing or purchasing a Product does not confer upon the User any right to alter, exploit, reproduce, distribute, or publicly communicate the intellectual or industrial property of the Products made available by NORAIRLABS, nor the Content of the Website.

Specifically, it is not permitted to resell, create deep-links, use, copy, monitor (e.g. spider, scrape), display, download, store, or reproduce the content, information, software, or Products available on the Website for any commercial activity without prior written authorization from NORAIRLABS.

Notwithstanding, the User may (i) view the Website Content and even print, copy, and store these elements on the hard drive of their PC or any other physical medium provided it is solely for personal non-commercial use, as well as (ii) share published content provided all copyrights, intellectual property, and other associated rights are respected (in which case, unless expressly stated otherwise, deep-links should also be considered authorized).

The materials and information shared or published on the Website must respect the image rights and intellectual and industrial property rights that may exist over them.

6. Product and Price Information

6.1. Product Information
Please note that while we strive to provide accurate and high-quality images of our products, the images displayed on our website may not reflect the product at 100% accuracy. Variations in color, texture, and finish may occur due to differences in screen displays, lighting conditions during photography, or the manufacturing process. We recommend referring to the product description and specifications for detailed information about each item. If you have any questions or need further clarification, please do not hesitate to contact our customer service team over team@norairlabs.com.

All descriptions and images of the products and services communicated to the Customer are approximate only and shall not form any part of the Contract. GAMAN may correct any errors in the Catalogue without liability to the Customer. All prices, images and specifications are subject to change without notice.
Gaman is not responsible for the use and/or consequences of its use, including its installation and the location or conditions of use.
All software is provided ‘AS-IS’ without any warranty of any kind.

 

6.2. Price Information
The public sale prices indicated on www.norairlabs.com and its subdomains are presented in euros. VAT is included in all mentioned prices if applicable.

The costs of the shipping service may be borne by the User and buyer and they will be added to the total value of the selected products. The User will be informed of these charges before confirming the order and completing the purchase process. NORAIRLABS reserves the right to change prices at any time. However, NORAIRLABS commits to applying the rates and prices indicated at the time of order placement.

In the event of a computer, manual, technical, or any other origin error that causes a substantial alteration not foreseen by NORAIRLABS in the public sale price making it exorbitant or manifestly negligible, the purchase order will be considered invalid and canceled.

The prices of products available on www.norairlabs.com are valid for purchase orders placed through www.norairlabs.com.

7. Purchase Conditions

7.1. Product Availability
All products on the NORAIRLABS Website are available for order except for out-of-stock situations. The products available on the Website have limited stock and may become unavailable without notice.

In the event of an out-of-stock situation occurring after payment of the order, NORAIRLABS will inform the Customer of this fact to reschedule delivery as soon as the item becomes available or to provide a refund within a maximum period of 14 days from the date of awareness of such unavailability.

7.2. Purchase Limitations on the NORAIRLABS Website
NORAIRLABS, aiming to provide all its customers with the opportunity to purchase advertised products during major promotional periods such as Summer Sales, Back to School, Black Friday, and others, may apply purchase limits per product to each customer.

7.3. Deliveries and Costs
Additional charges may apply for the transportation of the product purchased on the NORAIRLABS site, which will be added to the total price of the selected products. The Customer will be informed of these charges, where applicable, as well as the total price before confirming the order and completing the purchase process. NORAIRLABS reserves the right to change these charges at any time without prejudice to applying the rates and prices contracted at the time of order placement.

7.4. Order Processing and Delivery
The order will only be processed after confirmation of the respective payment, and the Customer will be informed in writing of the confirmation of the sale and the estimated delivery or availability date in the store. NORAIRLABS does not deliver to PO boxes.

7.5. Order Tracking
NORAIRLABS will inform the Customer of the status of their order and the delivery or availability date in the store via email and/or SMS.

7.6. Order Cancellation
Without prejudice to the Right of Free Resolution mentioned in 8.3 below, the Customer can request the cancellation of the order on the NORAIRLABS Site until the moment the items are prepared by contacting our team at team@norairlabs.com.

7.7. Errors
As indicated in 6.2 above, possible programming errors, defects in the functioning of the computer system (machine), or message deformation (including writing lapses) are reserved under the terms and for the purposes provided in paragraphs a) and b) of no. 2 of article 33 of Decree-Law no. 7/2004 of January 7.

7.8. Payment Methods
For more information on available payment methods, visit Payment Methods – Norair Labs.

8. Consumer Rights

The items sold by NORAIRLABS on www.norairlabs.com are covered by the legal regime for the defense of consumer rights in accordance with the legal and regulatory standards in force in Portugal, namely resulting from the following diplomas: (i) Legal Regime Applicable to Consumer Protection approved by Law no. 24/96 of July 31, also known as the Consumer Protection Law (hereinafter “CPL”); (ii) Decree-Law no. 84/2021 of October 18, which regulates consumer rights in the purchase and sale of goods, digital content, and services (hereinafter “DL 84/2021”); and (iii) Regime Applicable to Contracts Concluded at a Distance and Outside Commercial Establishments approved by Decree-Law no. 24/2014 of February 14 (hereinafter “RCCD”).

In accordance with these diplomas, a consumer is defined as the User and/or NORAIRLABS customer who is an individual and acquires Products not intended for commercial, industrial, artisanal, or professional activity. The consumer benefits from a legal protection regime under which, among other things, they have the right to: (i) product quality; (ii) consumer information; (iii) protection of economic interests; and (iv) prevention and repair of property or non-property damage resulting from the violation of homogeneous individual, collective, or diffuse interests or rights.

Without prejudice to the legal advice the User may obtain, we refer below briefly to some legal consumer rights in their relationship with NORAIRLABS.

8.1. Product Delivery
Products purchased from NORAIRLABS are considered delivered when:

  • The consumer or another person indicated by the consumer (except the carrier) acquires physical possession of the Product when it is delivered to the address indicated by the consumer; or
  • If the Product’s installation is contracted by NORAIRLABS, it is considered delivered when the installation is complete.

8.2. Product Quality / Warranty
Products purchased by the consumer must, in particular, be fit for their intended purposes, correspond to the quantity, and possess the qualities and other characteristics, including durability, functionality, compatibility, interoperability, and safety that are customary and expected for products of the same type considering, among other things, their nature and their description by NORAIRLABS or the Producer.

You should consult detailed information on Products that show a lack of conformity here.

8.2.1 Defective / Damaged Product
You should contact team@norairlabs.com to handle the product return.

8.2.2 Returns for Transport Damage
If the customer detects any anomaly or damage caused by the transport of the ordered item, they must immediately notify NORAIRLABS.

9. Exclusion of Warranties and Liability

Access to and use of the Website are the sole responsibility of the User. The User acknowledges that they use the Website at their own risk.

NORAIRLABS does not guarantee or assume responsibility for damages, losses, claims, or costs of any nature that may result from the following circumstances:

  • Compatibility of the Website with the hardware or software used by the User.
  • Interferences, interruptions, failures, omissions, telephone malfunctions, delays, blocks, or disconnections in the electronic system’s operation caused by deficiencies, overloads, and errors in telecommunications lines and networks or any other cause beyond NORAIRLABS’s control.
  • Unauthorized intrusions using malicious programs of any kind and through any means of communication, such as computer viruses or any others.
  • Improper or inadequate use of the Website.
  • Security or navigation errors produced by a malfunction of the browser or the use of non-updated versions of it.

Any repair of damages and losses to the User attributable to NORAIRLABS resulting from a fault directly attributable to it will correspond to the direct damage, expressly excluding indirect damages, consequential damages, or lost profits.

10. Civil Liability

Unless resulting from a contract in force between NORAIRLABS and the User or a third party, NORAIRLABS, its administrators, directors, employees, partners, subsidiaries, successors, and assignees, as well as its agents, will not be responsible directly or indirectly in any way to the User or any other person for: (i) errors and omissions on the Website; (ii) delays, errors, or interruptions in the transmission or delivery of content through the Website; (iii) losses or damages or for any other reason for non-compliance.

11. Privacy Policy

Personal Data provided by the data subject through interaction with the Website or use of its functionalities will be processed and stored electronically by NORAIRLABS within the scope of pre-contractual or contractual relationships, including any situation arising from or related to the contractual or pre-contractual relationship, regardless of its nature.

NORAIRLABS recommends careful reading of the Privacy Policy, which provides important information on how NORAIRLABS handles the personal data provided, the security standards used for data protection, and explains the rights of Data Subjects, which the User can consult through the link: Privacy Policy – Norair Labs.

12. Communications and Complaints

Any communication the User wishes to make to NORAIRLABS, particularly complaints, should be made by sending a written communication through the contacts and means provided on the Website.

The User expressly accepts the use of email as a valid procedure for sending all communications related to the use of the Website and/or the purchase of Products.

13. Applicable Law

These Terms of Use are governed by Portuguese law. If any provision is deemed unlawful or unenforceable by a court of competent jurisdiction, it will not affect the validity and enforceability of the remaining provisions.

14. Dispute Resolution

If you have a complaint or grievance regarding the Terms of Use of the Website, you must send a written communication through the contacts and means provided on the Website. NORAIRLABS will respond as soon as possible, proposing a solution that addresses the issue presented.

Any dispute or claim arising from or related to these General Terms of Use or the use of the Website will be submitted to the competent judicial courts.

The User may also resort to the competent alternative dispute resolution entity. Notwithstanding the provisions of the legislation, statutes, and regulations binding the alternative dispute resolution entities, the User may opt for the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr, the alternative dispute resolution entity at their place of residence, or the specialized competence alternative dispute resolution entity.

15. Export Controls

The user shall not knowingly sell to any buyer who is on or who will supply the products to any other person who is on the US Denials List or any other embargoes or sanctions list. The user shall comply with all applicable export laws. The user acknowledges that it is the user’s sole responsibility when exporting the products to any other country or jurisdiction to ensure that the user complies with all applicable laws and regulations.